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be ascertained nor responsibility be pinned on the State agents, without seeking
the maximum in the quest for justice “in that as time passes the truth passes.”
5.
The State of Mexico should ensure that legal uncertainty no longer occurs,
that which affects governed individuals when crimes are investigated of one and of
another application of the law within the constitutional jurisdiction, namely, that
investigative procedures be undertaken without a definite juridical criteria derived
from a factual relation, such as when soldiers are criminally charged, then it
becomes less coherent when an investigations is then carried out in the common
jurisdiction, leaving the victims defenseless because of the lack of a legal remedies
to strengthen their defense and to guarantee access to justice for them.
6.
It must be noted, that however negligence and lack of results in procuring
justice from the Mexican State were duly proven within the different criminal
constitutional jurisdictions that were involved in the investigation of the facts, even
with those acting as assistant to the public prosecutor, it shall also be said, that this
is not a systematic violation used by the Mexican State as an instrument to
intentionally frighten the indigenous communities in the region, particularly in
regards to women.
7.
The application, setting the litigious framework of the proceeding, does not
exclude the possibility of presenting supervening evidence before a judgment is
pronounced, those of which must be distinguished, in a timely matter, from the
facts that are not grounds of the litis, even if they are related to the case, therefore
the complaint, or the initial written document, sets the beginning of the litis.
8.
The attention given by the Mexican State to the Judgment, shall not only
emphasize the State’s obligation to provide first level psychological care to the
victim, namely, care given by experts on the field to all direct and indirect victims,
but it also shall supervise that such treatments are indeed carried out until the
victims are medically discharged.
9.
Resulting from retrospective and prospective studies, the Mexican State
must redesign and strengthen public policies that involve its Armed Forces in order
to minimize interaction between military soldiers and the civil population, thereby
ensuring not only a decrease in inconveniences caused, but also a decrease in
violations to fundamental rights for greater offenses to the civil population, while
disciplinary forces carry out their tasks and that have been emphasized due to
public safety issues in Mexico; consequently, indoctrination should be given to
military soldiers who provisionally carry out tasks of public safety or tasks which
are linked to it or to the investigation and persecution of the crimes in which they
participate.
10.
With the current paradigmatic case, the Mexican State should seize the
opportunity, not only to restore its commitment to civil society, but also to
simultaneously, execute proper compliance to the Judgment handed down in this
case, as well as in the case of Rosendo Cantu et. al.; it is now time to start a review
and transformation of a lagging military model of justice, not only pertaining to the
legislative methodology, but also to the distribution of its courts and tribunals and
its substantive and procedural rules, thus considering adopting a new model which
will not play down the importance of service, obedience, and discipline, but yet will
allow for the transformation of the Mexican military judicial system.
11.
With ad cautelam, the importance and significance for the State of Mexico
of, in a preventive sense, taking its military tribunals to the Judicial branch of the
Federation, should be considered because if it is true that irregularities were
involved in the criminal proceedings of the preliminary investigation of this case, it
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